Friday, September 21, 2012

September 21, 2012 | Gov. Jerry Brown on Friday signed a raft of bills aimed at improving the
business climate in California, including one legalizing a growing cottage
industry that sells home-cooked foods.

Assemblyman Mike Gatto (D-Silver Lake) wrote the bill making it legal to sell
certain safe foods, including bread, cookies and tortillas, made in home
kitchens. Until now, state law did not allow the sale of goods prepared anyplace
but a commercial kitchen, although there was an exception for charity bake
sales.

Under AB 1616, the state Department of Public Health would have authority to
add and remove foods from a list of those approved for sale, and require the
foods to be properly labeled. Foods with potential safety issues, including
meats and custards, are not allowed under the bill.

"It will allow people who are trying to start a small business in a tough
economy to do so with a minimum of red tape,'' Gatto said.

The governor also signed bills to make it easier for courts to dismiss
vexatious lawsuits against businesses, give hotels longer to install carbon
monoxide sensors and encourage the builders of a bullet train to buy rail cars
made in California.

Brown vetoed SB 977 by Sen. Leland Yee (D-San Francisco), a measure that
would have increased penalties for manufacturers of nail polish that falsely
advertise their product as toxin-free.

"While bad actors should be punished, it makes no sense to increase
penalties, one manufacturer at a time," Brown wrote in his veto message. "The
existing Sherman Food, Drug, and Cosmetic Law provides for a $1,000 fine for a
first offense, and a $10,000 fine for subsequent offenses, for false labeling of
this kind. This suffices.’’

Mike Gatto is the Chairman of the
Appropriations Committee of the California State Assembly. He represents the cities of Burbank,
Glendale, and the Los Angeles neighborhoods of Los Feliz and Silver Lake. E-mail Mike at:
assemblymember.gatto@assembly.ca.gov, or call (818) 558-3043.

According to a statement from the Governor's office, the bill aims to "help
small and fledgling businesses produce and sell food made out of their homes
under a more streamlined regulatory structure." Get more after the jump. There are caps on the amount of bread you can literally make. In 2013, gross
sales are limited to $35,000; in two years, that amount increases to $50,000.
"Limited sale" means primarily directly to another consumer, with a few smaller
retail exceptions. In general, selling Blenheim apricot jam to your boss is now
perfectly fine (we recommend you charge him/her a hefty premium), but going
after Whole Foods shelf space is not (you'll still need a commercial kitchen for
that). And yes, the health department will still be involved in your new home
baking venture. More pressing: What do government regulators consider non-hazardous? Breads,
dried fruit and nuts, jam, nut butters, granola, popcorn, teas and homemade
cookies and pies are among the products that are fair game -- as long as they
don't contain dairy or meat fillings. In other words, your homemade blue ribbon
cherry pie is perfectly safe, your favorite Aunt Irma's coconut cream version is
potentially hazardous. Good to know. Get more details on the cottage food law at the Sustainable
Economics Law Center.

Mike Gatto is the Chairman of the
Appropriations Committee of the California State Assembly. He represents the cities of Burbank,
Glendale, and the Los Angeles neighborhoods of Los Feliz and Silver Lake. E-mail Mike at:
assemblymember.gatto@assembly.ca.gov, or call (818) 558-3043.

Sacramento, CA – Assemblyman Mike Gatto’s (D-Los Angeles) Assembly Bill (AB) 1616, the
California Homemade Food Act, was signed into law today. The California
Homemade Food Act legalizes the sale of homemade, “non-potentially hazardous”
foods by creating a two-tier system of “cottage food operations” based upon the
point of sale. Having captured the imagination of food lovers in California and
beyond, AB 1616 was among the most anticipated bills to
be considered by the Governor this year.

The Assemblyman made a
commitment to helping aspiring micro-entrepreneurs start their businesses by
improving access to locally produced, artisan foods after his constituent, Mark
Stambler, was shut down by the Los Angeles Department of Environmental Health
for selling his homemade, brick-oven breads to a neighborhood cheese shop. “I
am proud to have delivered this victory to my constituents and to aspiring
business owners throughout the state that are looking for ways to develop their
businesses and purchase healthier, more locally produced foods for their
families.”

Prior to the California Homemade Food Act, outdated statutes and local
ordinances strictly prohibited everyone from home-based, artisanal bread bakers
to small-scale, jam and preserve vendors from selling their products. Now,
cottage food producers will be permitted to produce and sellevery-day
foods such as breads, tortillas, dry roasted nuts and legumes, cookies, granola,
churros, jams, jellies and other fruit preserves to their communities. Producers
choosing to sell directly to consumers will register with the local health
department, and those choosing to sell to local retail shops, such as the
neighborhood coffee shop or corner store, will be subject to initial inspection
and permitting by the local health department. All producers will also be
required to complete a food processor course, verify that the home kitchen
meets specific standards, and disclose on the product label that the product
was made in a home kitchen.

“Providing people with the
opportunity to make and sell these foods directly to their neighbors at the
local farmer’s market or through the specialty shop up around the corner is a
matter of access to opportunity,” said Gatto. “I am happy that the Governor has
joined me in my efforts to restore economic activity to our neighborhood
economies and to the state of California by allowing people to produce and
healthy, nutritious or culturally relevant foods in their homes.”

The California Homemade Food
Act is consistent with similar laws of at least 33 other states, none of which
have reported a food-borne illness from non-potentially hazardous foods. The
legislation contains numerous provisions that will ensure cottage food
operations remain small-scale, neighborhood-based activities that respect the
importance of public health. More than 6,000 people throughout the state, as
well as small and large business, non-profit, and interest organizations such
as the Lost Angeles Bread Bakers, the Sustainable Economies Law Center, Whole
Foods Market Northern California, the California State Grange and the City of
Los Angeles, expressed support to the Governor.

“This is a huge win for food
for food makers like Mark, stay-at-home parents, culinary enthusiasts, job
seekers and all those who want to know where their foods come,” commented
Gatto. “I am proud to have created a legal structure for the safe, in-home
production of particular foods that respects the importance of public health but
that will spark more economic activity in our local economies and in
California.”

Get “Behind the Bill” and hear the story of the
California Homemade Food Act in this Assembly Access Video: http://www.youtube.com/watch?v=dnS_gqTIdAE&feature=youtu.be

Mike Gatto
represents the cities of Burbank, Glendale, and parts of Los Angeles, including
Los Feliz, Silver Lake, and Atwater Village. He is the Chairman of the
Assembly Appropriations Committee. www.asm.ca.gov/gatto

Wednesday, September 5, 2012

Recently, I participated in an event that exemplified the great things we can accomplish through federal, state, local and community cooperation. This project—the groundbreaking for a new park—demonstrated when government and communities work together, we can preserve our environment and make our neighborhoods better.On July 25th, I joined with Army Corps of Engineers Los Angeles District Commander Col. Mark Toy; Los Angeles City Council members Tom LaBonge, Eric Garcetti and Ed Reyes; representatives of the Bureau of Engineering; the Dept. of Recreation and Parks, and numerous community organizations to break ground on Sunnynook Park. Senior citizens from the Griffith Park Community Center and cyclists on the Los Angeles River Bicycle Path will find the park particularly well situated as each will have a new place to rest and relax along the riverfront.

Sunnynook Park will be a 3.4 acre park located along the bike path on the narrow stretch of land between the Los Angeles River and Interstate 5. The park is located on land owned by the Los Angeles Dept. of Water and Power and CalTrans, using funds from the Santa Monica Mountain Conservancy and the State Environmental Enhancement and Mitigation (EEM) Grant Program. Plans have taken a cooperative effort by many government agencies as well as community organizations such as Friends of the Los Angeles River (FoLAR).As part of the Los Angeles River Master Plan, Sunnynook will not only create more green space within our community but will also improve accessibility to the river, expand adjacent native habitat by removing invasive—exotic species and planting additional native plants—and provide river-related environmental education.Sunnynook Park demonstrates that even in tough economic times, cooperation facilitates progress. I invite you to share with me additional ideas of how State government can work with you to serve and improve our communities.

Read this article and more at the Los Feliz Ledger by clicking HERE# # #

Mike Gatto is the Chairman of the
Appropriations Committee of the California State Assembly. He represents the cities of Burbank,
Glendale, and the Los Angeles neighborhoods of Los Feliz and Silver Lake. E-mail Mike at:
assemblymember.gatto@assembly.ca.gov, or call (818) 558-3043.

In California, a bill would let home bakers and cooks sell their baked goods, spurring home-based cooking businesses as many households look for ways to earn money in the weak

By Tiffany Hsu, Los Angeles Times
August 28, 2012, 10:57 p.m.

Shades of Mildred Pierce may be cropping up throughout the state as lawmakers are set to decide whether mothers and others are allowed to sell homemade muffins, cakes and pies at local stores and restaurants and directly to consumers.

Slammed by the economy, many households are looking to follow in the footsteps of the fictional heroine by earning a bit of money on the side with home-cooked confections — without the huge upfront costs in leasing certified commercial kitchens and complying with myriad business rules.

The bill, up for a final vote in the state Senate as early as Wednesday, would permit home bakers to sell as much as $50,000 worth of goods a year, as long as they don't contain cream or meat products. So far, more than 30 other states have similar laws.

"This is maybe the most significant public health-related bill in this year's session," said Bruce Pomer, executive director of the Health Officers Assn. of California.

With consumers increasingly jittery over recall scares and reports of food-borne illnesses, critics worry that the bill, AB 1616, co-written by Assemblyman Mike Gatto (D-Silver Lake), could become a dangerous example of health-related corner-cutting — especially in direct-to-consumer sales.

"There's no way to ensure that they have the minimum standards in place — basic hot and cold running water, equipment in good repair," said Liza Frias, chair of the California Retail Food Safety Coalition. "We don't want baked goods coming out with metal in them."

Even so, the effort to allow the sale of homemade food has been gaining momentum not only as a financial boost to home bakers and the local governments that gain tax revenue but also as a spur to the growing movement to serve healthful food.

"The food industry has made what we eat chemically laden and cheap. It doesn't provide for the people looking for real ingredients," said baker Debra Baretta of Penngrove, Calif., in Sonoma County.

The bill was inspired last year when the Los Angeles County Health Department ordered Mark Stambler to stop selling as many as 50 loaves of bread he baked each week in his backyard oven in Los Feliz. Stambler, 59, had hoped to grow his baking into a full-time business, but the Health Department closed him down.

Under state law, it's a misdemeanor for small-scale home cooks and bakers — often mothers and part-time workers — to make money off their creations, except to benefit charities.

Start-up food companies are required to work out of certified commercial kitchens, an expensive proposition that bars many from even trying.

"A small food company has no chance. It's impossible to make any money at all," Baretta said. A flight attendant with three preteen sons, Baretta rents two kitchens to make organic and gluten-free baked goods and barely recoups her costs.

"I literally work day and night," she said. "Had I been able to just bake at home, it would have made my life so much easier."

Gatto's California Homemade Food Act would allow "non-potentially hazardous food" such as bread, fruit pies, empanadas, jams, honey and dried nuts to be sold out of houses, apartment complexes and other residences.

Sales of small-batch foods could spawn a lucrative industry worth hundreds of millions of dollars, supporters said. Many of the so-called Bakers Bills in other states were passed into law since the economic downturn.

California already is a hotbed for the farm-to-table movement, increasingly popular as consumers become skeptical of mass-produced food and begin placing a premium on products with recognizable sources and sustainable production.

The number of farmers markets in California jumped more than 25% last year, with 1 in 10 markets nationwide in the state, according to the U.S. Department of Agriculture. Handcrafted, artisanal foods now are sold in such major chains as Domino's Pizza Inc. and Starbucks Corp.

"Homemade foods breed personal connections between food producers and their consumers," said Christina Oatfield, food policy director for the Sustainable Economies Law Center, which helped develop the bill.

Under the bill, home food producers would still have to obtain permits, label their products as homemade and offer lists of ingredients. Their gross annual sales would be capped next year at $35,000, rising to $50,000 in 2015.

Those selling directly to consumers would have to register with their local health departments and complete food handler courses. Purveyors selling through a retailer would also be subject to health department inspections.

Goods with meat or raw dairy products, which are prone to food-borne illnesses and require refrigeration, would have to be made in a commercial kitchen.

But some safety experts still are hesitant.

Home cooks, the bill's opponents argued, are more likely to not use hair nets or wash their hands and to continue working in the presence of sick children, pets or other potential contaminants. Home-based food businesses wouldn't undergo the same rigorous inspections or grading processes that restaurants and larger retailers do, they said.

Some opponents, such as Pomer of the state health officers group, want more restrictions added to the bill.

The bill, he said, should prohibit cottage food producers from selling directly to consumers, lower the sales cap to $25,000 a year, prevent products from being sent more than five miles away from the kitchen and make other adjustments to limit the chances of contamination.

Micro-enterprises are a major economic engine, driving innovation and creating jobs. Home kitchens selling commercial foods in tiny West Virginia have generated annual sales of $100 million, according to that state's Department of Agriculture.

With a still-weak economy, California could see home kitchens become a hearty tax revenue stream, as well as a launching pad for full-fledged businesses.

The barriers are much greater when aspiring bakers are not allowed to work from home.

In rural areas, wannabe bakers or cooks have to build, lease or buy a licensed commercial kitchen. In cities, rents for such spaces start at about $30 an hour.

Working out of a commercial kitchen would be "completely financially impossible," said Amber Gillespie, 34, a Sacramento stay-at-home mother with two young children.

The cake decorator said it takes her up to 30 hours to complete a project. The costs of child care, ingredients and baking materials make a cake business "cost-prohibitive for anybody," she said.

For now, she's teaching cake-decorating and honing her skills on homemade creations, which she gives away.

"I'm constantly being asked to make cakes," she said. "It would be nice to get paid for it."

Mike Gatto is the Chairman of the
Appropriations Committee of the California State Assembly. He represents the cities of Burbank,
Glendale, and the Los Angeles neighborhoods of Los Feliz and Silver Lake. E-mail Mike at:
assemblymember.gatto@assembly.ca.gov, or call (818) 558-3043.

Tuesday, September 4, 2012

California Constitution, Altered Over 500 Times; U.S. Constitution, Only 27

by Jessica Levinson - September 3, 2012 10:00 AM

Last week our state's lower legislative house rejected a bill that would have made it harder to qualify and approve of initiatives that change California's constitution. Assemblyman Mike Gatto, a Democrat from Los Angeles, sponsored the bill that would have made an enormous amount of sense. Let's hope it comes back again, successfully passes both legislative houses, and is signed by the Governor. Here's why.

It is distressingly easy to amend our state constitution through a disturbingly broken process -- the ballot initiative process. A constitution should be a basic governing document. It should be difficult to alter it. It should be altered only after an open, deep, and thorough debate. Ours is not; it has been amended well over 500 times. It is one of the most bloated constitutions in modern history. Compare our state constitution, in existence for 133 years, to our federal constitution, in existence for 223 years: It has been amended only 27 times.

The ballot initiative process simply makes it far too easy to propose, qualify, and pass citizen-initiated laws. Gatto's bill would have required more voter signatures to qualify initiatives. Further, his proposal would have required that constitutional amendments pass by a vote of 55 percent of voters taking part in the election in which the measure appeared on the ballot.

Gatto's proposal was quite rationale. Constitutional amendments should not pass by a simple majority of those who show up to the polls in any given election.

We live in a representative democracy. The ballot initiative process was designed as a safety valve for citizens when the legislative process failed to function properly. Now, because the initiative process is largely dominated by the same special interests we created the process to guard against, both the legislative and initiative processes are in need of serious reform.

Gatto's proposal would have been a step in the right direction.

Jessica Levinson writes about the intersection of law and government. She is an Associate Clinical Professor at Loyola Law School.

Read this article and more at KCET HERE# # #Mike Gatto is the Chairman of the Appropriations Committee of the California State Assembly. He represents the cities of Burbank, Glendale, and the Los Angeles neighborhoods of Los Feliz and Silver Lake. E-mail Mike at: assemblymember.gatto@assembly.ca.gov, or call (818) 558-3043.Website of Assemblyman Mike Gatto: www.asm.ca.gov/gatto

Talk Radio hosts have taken to the airwaves this week to discuss AB 1616, a bill sponsored by Assemblyman Mike Gatto that will allow small businesses that engage in cottage food operations to sell their products legally. The bill has passed both houses of the State Legislature and is now on its way to the Governor's desk. Audio links are listed below and will be updated as more audio becomes available.

See a five minute video of the story behind AB 1616 and learn more about Assemblyman Mike Gatto's support for Cottage Food businesses by clicking HERE

# # #

Mike Gatto is the Chairman of the Appropriations Committee of the California State Assembly. He represents the cities of Burbank, Glendale, and the Los Angeles Neighborhoods of Los Feliz and Silver Lake. E-mail Mike at: assemblymember.gatto@assembly.ca.gov, or call (818) 558-3043.

"Write the Governor a letter," says Mark Stambler, whose experience trying to
sell home-baked bread in two stores inspired the Homemade Food Act.The act, otherwise known as Assembly Bill 1616, is now on Governor Brown's
desk after approval in both the California Senate and Assembly on Thursday.The bill would permit breads, tortillas, cookies, preserves, nuts and other
small-batch items produced in the home to be sold directly to consumers and in
stores.Certain public health protections would have to be met first, however.Silver Lake resident Stambler became a poster child for micro-entrepreneurs
trying to market their own products.The health department refused to allow him to sell home-baked bread in two
local stores.Assemblyman Mike Gatto, who also lives in Silver Lake, took up his case and
sponsored AB1616. (Watch the video below for more on the bill.)“Creating a legal structure for the safe, in-home production of certain foods
that respects the importance of public health is a sensible approach that will
spark more economic activity in our local economies and in California,” Gatto
said in a statement.Governor Brown has until the end of the month to sign the bill.Cities and counties around the state have gone on the record opposing AB1616,
fearing the risks they say it may create for them.Supporters, like Stambler, say the governor's signature is not certain, and
he urged anyone who supports the bill to send a letter to Sacramento.See a five minute video of the story behind AB 1616 and learn more about Assemblyman Mike Gatto's support for Mark Stambler and other Cottage Food businesses by clicking HERE

Mike Gatto is the Chairman of the
Appropriations Committee of the California State Assembly. He represents the cities of Burbank,
Glendale, and Los Feliz and Silver Lake neighborhoods of Los Angeles. E-mail Mike at:
assemblymember.gatto@assembly.ca.gov, or call (818) 558-3043.

The new bill would make is possible for independent food crafters like Roma Chocolates, pictured, to sell their goods in storefronts.

(Photo by Krista Simmons/LAist)

August 31, 2012 - Bill AB 1616, also known as the Cottage Foods Bill, passed the legislature today, and is currently awaiting signature by the state's Governor.

The bill was written in response to the incident where the Los Angeles County Health Department ordered Mark Stambler to stop selling the bread he baked each week in his backyard oven in Los Feliz. At the time, the 59 year-old had hoped baking could become his full-time business.

If signed by the Governor, the bill would still come with regulations. Permits would still be required, foods would have to be labeled as homemade, ingredients could not include meat or cream and would have to be listed, and gross yearly sales could not exceed $35,000, although that would rise to $50,000 by 2015. Anyone selling directly to consumers would also have to register with local health departments and take courses in food handling.

According to Gatto, the courses would be slightly more stringent than the food safety certifications that can currently be obtained online for food professionals in California.
“This final step is substantial for food makers like Mark, stay-at-home parents, culinary enthusiasts, job seekers and all those who want to know where their foods come,” said Gatto in a release today. “I hope that the Governor will join me and the thousands of people statewide that are looking to develop their businesses and purchase healthier, more locally produced foods for their families.”

There are hopes that the bill will provide job opportunities for folks amidst the flailing economy. According to Patt Morisson on KPCC, "Home cooked food is a huge industry in the more than 30 others states that already have ‘Bakers Bills’ on their books - to the tune of annual sales of $100 million in West Virginia alone. In trying economic times, the ability for people to sell their home-cooked foods directly to consumers has provided a much needed source of extra income for people who know their way around a cookie sheet or bread oven."

Mike Gatto is the Chairman of the Appropriations Committee of the California State Assembly.He represents the cities of Burbank, Glendale, and Los Feliz and Silver Lake neighborhoods of Los Angeles.E-mail Mike at: assemblymember.gatto@assembly.ca.gov, or call (818) 558-3043.